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Court of Appeal of Uganda

The Court of Appeal is the second highest court in the land.  It came into being following the promulgation of the 1995 Constitution, and the enactment of the Judicature Statute, 1996. Article 134 of the Constitution established the structure of the Court of Appeal.

While presiding over matters , it is duly constituted when it consists of an odd number of not less than three (3) justices of the Court of Appeal. It is this court that constitutes itself into a Constitutional Court in accordance with the Constitution to hear constitutional cases.

The Constitutional Court consists of fifteen (15) justices and handles the matters, issues or cases concerning the interpretation of the Constitution  When presiding over a constitutional matter, there must be a quorum of at least five (5) justices of the court.

Physical address
Twed Towers along Kafu Road, Nakasero,Kampala.
36 judgments
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36 judgments
Citation
Judgment date
June 2020
30 June 2020
29 June 2020
29 June 2020
29 June 2020
25 June 2020
Statutory leases to urban authorities were revoked; concurrent factual findings of occupancy cannot be re-opened on a second appeal.
Constitutional law — Article 286 revocation of statutory leases to urban authorities; Article 237 vesting land in citizens and protection of lawful/bona fide occupants; Land Act definitions of lawful and bona fide occupants; Second appeal limited to points of law under section 72 Civil Procedure Act; Rights to registration or compensation where occupancy established.
25 June 2020
Dismissal under Order 5(1)(3) for non-service of summons is mandatory; no amendment or reinstatement of a non-existent suit lies.
Civil procedure — Order 5 CPR — Service of summons — Mandatory dismissal where summons not served within 21 days and no extension — No suit exists to permit amendment — Remedy is fresh suit subject to limitation.
25 June 2020
25 June 2020

 

25 June 2020
High Court could review its order affecting a purchaser's title but should have remitted the dispute rather than award compensation.
Land law; consent judgment; execution sale vests good title; review and revision jurisdiction; bona fide purchaser; remittal for trial; rectification of register; procedural irregularities.
24 June 2020
24 June 2020
24 June 2020

 

23 June 2020
A receiver under the FIA lacks statutory power to sue; receivership is time‑limited and non‑citizen companies cannot hold freehold land.
Civil procedure — preliminary objections — competence of notice of motion under Order 6 r.29 and Order 7 r.11; Financial Institutions Act — receivership — statutory limits on receiver's powers; receiver not expressly empowered to sue; Section 95(1) — twelve‑month time limit for implementation of receivership options; Land law — company controlled by non‑citizens cannot hold freehold/mailo land; costs — costs follow the event, payable by Bank of Uganda.
23 June 2020
23 June 2020
Heir’s fraud claim failed as time‑barred; untested witness evidence insufficient and appellant’s registered title upheld.
Limitation Act – accrual and discovery of fraud; bona fide purchaser for value – protection of registered proprietor; trespass as continuous tort; probative value of evidence untested by cross‑examination (death of witness) – admissibility but limited weight; locus standi – requirement of letters of administration or established beneficiary status; judicial pre‑determination and caution when deciding preliminary objections.
23 June 2020
22 June 2020
19 June 2020
19 June 2020
Respondent failed to prove bona fide occupancy; appellate court set aside compensation and awarded costs to appellant.
Land law — Bona fide occupant — Meaning and test under section 29(2)(a) Land Act — Twelve years’ occupation and utilisation before 1995 Constitution — Distinction between kibanja (lawful occupant) and bona fide occupant — Succession and locus: letters of administration and inheritance — Second appeal limited to points of law.
19 June 2020
19 June 2020
12 June 2020

 

12 June 2020

 

12 June 2020
11 June 2020
11 June 2020
11 June 2020
11 June 2020
11 June 2020
11 June 2020
11 June 2020
Convictions for aggravated robbery upheld; sentence revised for failure to credit remand; compensation order sustained.
Criminal law – Aggravated robbery – Identification and sufficiency of prosecution evidence; Evidentiary gaps – non‑attendance of arresting 'boda boda' witnesses; Constitutional requirement to credit pre‑trial remand (Article 23(8)) – effect on sentence; Appellate sentencing – setting aside illegal sentence and substituting fresh sentence; Compensation under Trial on Indictments Act s126 and Penal Code s286(4) – evidential basis and reasonableness.
11 June 2020
11 June 2020
11 June 2020

 

4 June 2020
1 June 2020